BP BHEAD INT S [atlas:bill]

AN ACT Relating to salmon recovery; amending RCW 90.71.005, 90.71.020, 90.71.030, and 90.71.050; adding a new chapter to Title 75 RCW; creating a new section; making an appropriation; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that repeated attempts to improve salmonid fish runs throughout the state of Washington have failed to avert listings of salmon and steelhead runs as threatened or endangered under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.). These listings threaten the sports and commercial and tribal fishing industries as well as the economic well-being and vitality of vast areas of the state. It is the intent of the legislature to resolve the salmon crisis as soon as possible, although the legislature understands that successful recovery efforts may not be realized for many years because of the life cycle of salmonids and the complex array of problems they face.

The legislature finds that it is in the interest of the citizens of the state of Washington for the state to retain primary responsibility for managing the natural resources of the state, rather than abdicate those responsibilities to the federal government. The legislature further finds that there is a substantial link between the provisions of the federal endangered species act and the federal clean water act (33 U.S.C. Sec. 1251 et seq.). Therefore, it is the intent of the legislature to develop a structure that allows for the coordinated delivery of federal, state, and local assistance to communities for the recovery and enhancement of salmon stocks within the state while also addressing improvements to water quality.

The legislature also recognizes that a science-based approach that incorporates adaptive management strategies will be needed to help salmon stocks recover, and that an effective monitoring system is essential for implementing adaptive management. The legislature also finds that credible scientific review and oversight is essential for any salmon recovery effort to be successful.

The legislature therefore finds that a coordinated framework for responding to the salmon crisis is needed immediately. To that end, the salmon recovery office should be created within the governor's office to provide overall coordination of the state's response; an independent science team is needed to provide scientific support and guidance; and that a strong locally based effort to restore salmon habitat be established by authorizing regional councils, adding new regional fisheries enhancement groups, and providing a framework to allow citizen volunteers to work effectively.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Department" means the department of fish and wildlife.

(2) "Director" means the director of the department of fish and wildlife.

(3) "Natural resources-related state agencies" includes the department of natural resources, the department of fish and wildlife, the department of transportation, the parks and recreation commission, the Puget Sound water quality action team, the interagency committee for outdoor recreation, the conservation commission, the department of ecology, the department of agriculture, the department of health, and the department of community, trade, and economic development.

(4) "Plan" means a habitat restoration plan prepared by a regional council under section 6 of this act.

(5) "Region" or "regional" means an area of the state that is identified as being the boundaries of a regional fisheries enhancement group.

(6) "Salmon" includes all species of the family Salmonidae.

(7) "Schedule" means a habitat work schedule adopted by a regional council under section 6 of this act.

NEW SECTION. Sec. 3. Beginning in 1999, the governor shall submit an annual state of the salmon report to the legislature during the first week of the regular legislative session. The report shall include but not be limited to the following:

(1) A region-by-region description of the amount of funds, including volunteer, private, and state, federal, and local government money directly spent on salmon recovery by fund source;

(2) Information regarding impediments to successful salmon recovery efforts, including delays in obtaining approval or assistance from federal agencies, gaps or conflicts in state statutes, delays due to jurisdictional disputes, land management practices or other activities that are contributing to the degradation of salmon habitat, and the lack of water or poor water quality during certain times of the year for certain stream segments and any impediments to the success of regional councils;

(3) A summary of collaborative efforts undertaken with adjoining states or Canada;

(4) A summary of fish management activities;

(5) A summary of habitat restoration projects including but not limited to:

(a) A summary of accomplishments in removing barriers to salmon passage and an identification of existing barriers;

(b) A description of salmon restoration efforts undertaken in the past year, including a listing of the location and length of streams or water bodies affected by the restoration efforts; and

(c) A summary of the role which private initiatives and institutions of higher education contribute in salmon habitat restoration efforts;

(6) Volunteer participation and member affiliation, including an inventory of volunteer hours dedicated to the program; and

(7) Suggestions for legislative action that would further the success of salmonid recovery.

NEW SECTION. Sec. 4. (1) There is created the salmon recovery office within the office of the governor for the purpose of having a coordinated state strategy to allow for salmon recovery to healthy sustainable population levels with productive commercial and recreational fisheries. By April 1, 1998, the governor shall appoint an executive director for the office. The executive director shall serve at the pleasure of the governor. The salary of the executive director shall be fixed by the governor, subject to RCW 43.03.040.

The salmon office shall consist of four permanent and up to eight total staff, including the executive director. At least one of the permanent staff positions shall be reserved for a person who is knowledgeable in tribal fishery interests. The executive director shall solicit a list of suitable candidates from federally recognized Indian tribes. At least two of the staff shall be employees of the department. In addition, other agencies including the department may transfer existing staff as agreed to by the agencies and deemed necessary to achieve the duties of the salmon recovery office.

The governor's salmon recovery office will undertake activities on a state-wide or evolutionarily significant unit basis designed to improve the health of salmon as follows:

(1) Assist the fish and wildlife commission in the negotiation of international and interstate compacts or treaties affecting salmon recovery;

(2) Act as liaison for the state congressional delegation, United States congress, and the federal executive branch for issues related to the state's endangered species act salmon recovery plans;

(3) Coordinate the delivery of technical assistance to regional councils for the development and implementation of habitat work schedules and habitat restoration plans. State natural resources-related agencies shall provide ongoing technical assistance to regional councils;

(4) Review work plans with federal and tribal governments and state agencies, for consistency with applicable laws and treaties;

(5) Any other services requested by a region that are reasonably related to the development or implementation of a salmon habitat restoration plan and agreed to by the executive director;

(6) Establish a uniform state-wide reporting system to collect information necessary to address topics that must be included as part of the governor's state of the salmon report;

(7) Provide information to regional councils that has been developed or collected by state and federal agencies;

(8) Develop electronic access to up-to-date information pertaining to salmon;

(9) Develop a data system to track information pertaining to the number and types of violations of existing laws pertaining to water quality and to protection of salmon, including information about sanctions imposed for these violations;

(10) Serve as a liaison between federal agencies, Canada, other states, tribal comanagers, state agencies, state institutions of higher education, local governments, and regional councils; and

(11) Recommend to the legislature the feasibility of forming a state-wide or regional community foundation or any other funding alternatives to assist in financing salmon recovery efforts.

NEW SECTION. Sec. 5. (1) The department shall authorize the creation of, and establish the boundaries for, up to four new regional fisheries enhancement groups in the state. Up to three of the new groups may be located in eastern Washington and one new group may be located in western Washington.

(2) The boundaries served by a regional fisheries enhancement group shall constitute the boundaries of a region for the purpose of developing a habitat restoration plan.

(3) With department approval, one or more regional councils may combine into a single area to carry out the purposes of chapter . . ., Laws of 1998 (this act).

NEW SECTION. Sec. 6. (1)(a) The regional council shall consist of: (i) Qualified representation of cities, counties, state, and tribal governments; (ii) conservation districts; and (iii) regional fisheries enhancement groups and other restoration interests.

(b) The nongovernmental participants shall be residents of the regions and reflect a reasonably balanced representation between economic and other interests representing environmental, recreation, and other concerns.

(2) The department, in consultation with the appropriate local, state, tribal, and federal governmental agencies shall convene a public meeting to determine the process by which a regional council is established. The department shall assure the time, place, and location of the convening meeting or meetings is well advertised.

(3) The regional council may choose an existing group as the regional council. To be considered, the representation of governmental entities and interest groups on such a planning group must be generally similar to the representation identified in subsection (1) of this section. The existing group chosen in this manner plus any new members as in subsection (1) of this section will constitute the regional council for developing salmon habitat restoration plans under this chapter.

(4) A regional council may invite representatives of federal agencies as appropriate to assist the regional council in the development of a salmon habitat restoration plan.

(5)(a) The department, in consultation with the local government entities in the region, shall formally recognize a regional council when the criteria under subsection (1) of this section are met.

(b) In the event that two or more groups are seeking recognition from the department, the following criteria shall be used:

(i) A group that has been in existence shall be given preference; and

(ii) A group that has the broadest representation of the community shall be given preference.

(c) The department shall endeavor to ensure that members of a group not selected as a regional council are allowed to participate in the council.

NEW SECTION. Sec. 7. The department and any tribe with usual and accustomed treaty rights in the region shall, in consultation with the governor's executive director and the conservation commission, convene a group of federal, state, tribal, local, and private individuals with scientific expertise to provide the technical services identified in section 11 of this act. Where appropriate, the conservation district within the region will take a lead in developing and maintaining relationships between the technical assistance groups and the project implementers pursuant to section 8 of this act.

NEW SECTION. Sec. 8. (1) Project implementers may include regional fisheries enhancement groups, private landowners, citizen groups, governmental entities, or nongovernmental entities implementing habitat restoration projects. For a governmental entity to be considered a project implementer, it must manage riparian land in the region.

(2) Within a region, a group of project implementers may be organized around a river, tributary, or subbasin of a watershed.

NEW SECTION. Sec. 9. (1) The department, the department of transportation, and the conservation commission shall jointly review and evaluate projects. The purpose of the joint review is to recommend to the regional council projects that effectively respond to limiting factors.

(2) The regional council shall prioritize the projects identified in a work plan received from a technical assistance group. The purpose of the prioritization is to rank projects in a manner that maximizes the cost-effectiveness of establishing healthy populations of salmon.

NEW SECTION. Sec. 10. (1) The regional council shall:

(a) Develop and submit a work plan as required under section 11(3) of this act;

(b) Assist in the evaluation and prioritization of the projects; and

(2) The regional council may:

(a) Select an administrator and an administrative assistant and establish their responsibilities;

(b) Administer any available funds to project implementers for salmon restoration efforts;

(d) Contract for restoration projects.

NEW SECTION. Sec. 11. (1) Critical pathways methodology shall be used to develop a habitat work plan that ensures habitat restoration activities within each region will be prioritized and implemented in a logical sequential manner that restores healthy populations of salmon. The development of a habitat work schedule shall rely, to the extent possible, on existing information.

(2)(a) The regional council shall develop a proposed habitat work schedule for projects within each region.

(b) The work schedule shall:

(i) Identify limiting factors in the region. The technical assistance group formed under section 7 of this act shall have lead responsibility for this task;

(ii) Identify and prioritize categories of projects to respond to the limiting factors. The technical assistance group formed under section 7 of this act, in conjunction with project proponents identified in (b)(iii) of this subsection, shall have lead responsibility for this task;

(iii) Identify projects offered by a proponent. Project implementers shall have the lead responsibility for this task;

(iv) Issue requests for project proposals. The funding entity shall have the lead responsibility for this task;

(v) Review and evaluate project proposals. The funding entity shall have the lead responsibility for this task;

(vi) Prioritize and rank projects identified by a funding entity. The regional council shall have lead responsibility for this task;

(vii) Fund high priority projects, subject to available funding, and any constraints on that funding. The funding entity shall have lead responsibility for this task; and

(viii) Monitor and evaluate funded projects. The regional council, in consultation with the technical assistance group, shall have lead responsibility for coordinating this task.

(i) A list of the entity or entities performing the restoration project. Restoration efforts may include habitat projects, water quality improvement projects, maintenance activities, watershed assessment activities, and fish-related mitigation efforts;

(ii) A description of the adaptive management strategy that will be used to develop subsequent work plans;

(iii) The start date, duration, estimated date of completion, estimated cost, and, if appropriate, the affected salmonid species, of each project; and

(iv) An assessment of all available private, local, tribal, state, and federal government resources available for projects identified in the schedule.

(3) The regional council shall submit a copy of the work plan to the salmon recovery office, and may also implement those projects for which it has been able to obtain funding. Individual habitat work schedules may be prepared in a manner that allows them to be combined to create a report which shows the recovery effort within a region, the state, or for specific runs of fish.

(4) The habitat work plans shall be updated on an annual basis to depict new activities, report progress on projects, show completion of scheduled activities, determine which recovery efforts were successful, and show where adaptive management is required to address those recovery efforts that failed.

NEW SECTION. Sec. 12. (1)(a) An independent science panel is hereby created consisting of five scientists appointed by the governor. The governor shall appoint the members of the independent science panel to a term of four years. The independent science panel members shall elect the chair of the panel among themselves every two years.

(b) The governor shall request the national academy of sciences, the American fisheries society, or a comparable institution to screen candidates to serve as members on the independent science panel. The institution that conducts the screening of the candidates shall submit a list of the nine most qualified candidates to the governor, the chair of the house of representatives natural resources committee, and the chair of the senate natural resources and parks committee. The chair of the senate committee and the chair of the house of representatives committee may each remove one person from the list of recommended candidates submitted by the institution conducting the screening. The governor may remove two persons from the list of recommended candidates. The governor shall appoint the remaining five recommended candidates on the list as the members of the independent science panel.

(2) Membership of the independent science panel shall reflect expertise in habitat requirements of salmonids, protection and restoration of salmonid populations, artificial propagation of salmonids, hydrology, forest practices, agricultural practices, soil science, and requirements for fully functioning ecosystems on a watershed basis.

(3) Members of the independent science panel shall be compensated as provided in RCW 43.03.250 and reimbursed for travel expenses as pursuant to RCW 43.03.050 and 43.03.060.

(4) Except as provided in section 13(3) of this act, the governor's office shall provide all necessary administrative support to the independent science panel.

(5) The independent science panel shall be governed by generally accepted guidelines and practices governing the activities of independent science boards such as the national academy of sciences. The purpose of the independent science panel is to help ensure that good science is used in salmon recovery efforts, and not to make policy decisions which are the responsibility of decision makers.

NEW SECTION. Sec. 13. The independent science panel shall have the following responsibilities:

(1) Consulting with natural resources-related state agencies as those agencies develop key criteria that represents acceptable scientific standards which must be met as part of a state-wide strategy to facilitate protection and restoration of wild salmonids and to restore healthy salmon, steelhead, and trout populations by improving their habitats;

(2) Serving as an independent scientific review panel for the regionally developed salmon recovery plans. Habitat restoration plans that have already undergone independent scientific peer review before the effective date of this act are not subject to peer review by the independent science panel under this subsection;

(3) Developing model monitoring programs for water quality and salmon habitat that may be used in regional salmon restoration efforts to track quantifiable performance measures. The Puget Sound action team, created in RCW 90.71.020, shall provide staff support to the independent science panel in the development of the model monitoring programs; and

(4) Reporting to the governor and the legislature on adaptive management recommendations after reviewing the implementation of habitat restoration plans.

NEW SECTION. Sec. 14. (1)(a) The legislature finds that:

(i) The health of many salmon stocks around the state have declined significantly and are currently in a critical or depressed condition;

(ii) Citizen involvement will be essential if the general decline in salmon health is to be reversed;

(iii) Citizens can and will show a remarkable level of involvement and commitment to restoring salmon and the healthy rivers and streams that salmon depend on; and

(iv) This level of involvement will be achieved only if the program is voluntary, nongovernmental, and widely advertised.

(b) The legislature therefore declares it is in the public interest to utilize existing regional fishery enhancement groups and other private nonprofit volunteer groups for the habitat volunteer restoration initiative as provided in this chapter.

(c) The initiative shall be designed to create a very high level of public awareness of salmon issues and how citizens can be involved in positive solutions.

(2) The volunteer habitat restoration account is created in the state treasury to be administered by the department. The department may expend funds from this account only for volunteer restoration projects under subsection (3) of this section, for technical assistance to the projects, and for the administration of these projects. Moneys may be spent only after appropriation.

(3) A volunteer habitat restoration initiative is created when a contract is signed by the director, an administrator for a regional council, and a nonprofit entity or a collaborative group of nonprofit entities. The contract shall specify the responsibilities of each party to include but not be limited to the following:

(a) The regional council in cooperation with the volunteer group shall identify:

(i) The types of projects that are a high priority for salmon restoration and that are appropriate for volunteers to undertake;

(ii) Priority river or stream segments in which projects should occur;

(iii) The standard, performance measure, or objective that each project is to achieve;

(iv) The type of monitoring that should occur for each project;

(v) The duration of the initiative; and

(vi) The amount of total funds needed and the amount provided by the department.

(b) The lead entity representing appropriate local government shall identify:

(i) A mechanism to streamline local government permit requirements for projects that will implement a salmon habitat restoration plan or have been identified by the department as having a high priority for salmon restoration;

(ii) Staff resources available to provide training or technical assistance to the project; and

(iii) The fund sources and total funding, both direct and in-kind, that will be provided to the pilot initiative.

(i) Recruit volunteers;

(ii) Provide training appropriate to the project undertaken;

(iii) Deploy volunteers with sufficient resources to meet the specified standards, performance measures, or objectives established for the project;

(iv) Seek additional funds from private sponsors;

(v) Work with private landowners and governmental entities to identify project opportunities;

(vi) Work with the appropriate local and state government personnel to identify technical assistance opportunities and permitting obstacles; and

(vii) Work with the media to develop a high level of public awareness about the initiative.

Sec. 15. RCW 90.71.005 and 1996 c 138 s 1 are each amended to read as follows:

(1) The legislature finds that:

(a) Puget Sound and related inland marine waterways of Washington state represent a unique and unparalleled resource. A rich and varied range of marine organisms, comprising an interdependent, sensitive communal ecosystem reside in these sheltered waters. Residents of this region enjoy a way of life centered around the waters of Puget Sound, featuring accessible recreational opportunities, world-class port facilities and water transportation systems, harvest of marine food resources, shoreline-oriented life styles, water-dependent industries, tourism, irreplaceable aesthetics, and other activities, all of which to some degree depend upon a clean and healthy marine resource;

(b) The Puget Sound water quality authority has done an excellent job in developing a comprehensive plan to identify actions to restore and protect the biological health and diversity of Puget Sound;

(c) The large number of governmental entities that now have regulatory programs affecting the water quality and the aquatic and upland habitats of Puget Sound have diverse interests and limited jurisdictions that cannot adequately address the cumulative, wide-ranging impacts that contribute to the degradation of Puget Sound; and

(d) Coordination of the regulatory programs, at the state and local level, is best accomplished through the development of interagency mechanisms that allow these entities to transcend their diverse interests and limited jurisdictions.

(2) It is therefore the policy of the state of Washington to coordinate the activities of state and local agencies by establishing a biennial work plan that clearly delineates state and local actions necessary to protect and restore the biological health and diversity of Puget Sound. It is further the policy of the state to implement the Puget Sound water quality management plan to the maximum extent possible. It is further the policy of the state to include any recovery plan developed under the federal endangered species act into the Puget Sound water quality management plan.

Sec. 16. RCW 90.71.020 and 1996 c 138 s 3 are each amended to read as follows:

(1) The Puget Sound action team is created. The action team shall consist of: The directors of the departments of ecology; agriculture; natural resources; fish and wildlife; and community, trade, and economic development; the secretaries of the departments of health and transportation; the director of the parks and recreation commission; the director of the interagency committee for outdoor recreation; the administrative officer of the conservation commission designated in RCW 89.08.050; one person representing cities, appointed by the governor; one person representing counties, appointed by the governor; one person representing tribal comanagers, appointed by the governor; and the chair of the action team. The action team shall also include the following ex officio nonvoting members: The regional director of the United States environmental protection agency; the regional supervisor of the national marine fisheries service; and the regional supervisor of the United States fish and wildlife service. The members representing cities and counties shall each be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

(2) The action team shall:

(a) Prepare a Puget Sound work plan and budget for inclusion in the governor's biennial budget;

(b) Coordinate monitoring and research programs as provided in RCW 90.71.060;

(d) Coordinate permitting requirements as necessary to expedite permit issuance for any local watershed plan developed pursuant to rules adopted under this chapter;

(e) Identify and resolve any policy or rule conflicts that may exist between one or more agencies represented on the action team;

(f) Periodically amend the Puget Sound management plan;

(g) Enter into, amend, and terminate contracts with individuals, corporations, or research institutions for the purposes of this chapter;

(h) Receive such gifts, grants, and endowments, in trust or otherwise, for the use and benefit of the purposes of the action team. The action team may expend the same or any income therefrom according to the terms of the gifts, grants, or endowments;

(i) Promote extensive public participation, and otherwise seek to broadly disseminate information concerning Puget Sound;

(j) Receive and expend funding from other public agencies;

(k) To reduce costs and improve efficiency, review by December 1, 1996, all requirements for reports and documentation from state agencies and local governments specified in the plan for the purpose of eliminating and consolidating reporting requirements; and

(l) Beginning in December 1998, and every two years thereafter, submit a report to the appropriate policy and fiscal committees of the legislature that describes and evaluates the successes and shortcomings of the current work plan relative to the priority problems identified for each geographic area of Puget Sound.

(3) By July 1, 1996, the action team shall begin developing its initial work plan, which shall include the coordination of necessary support staff.

(4) The action team shall incorporate, to the maximum extent possible, the recommendations of the council regarding amendments to the Puget Sound ((~~[management]~~)) management plan and the work plan.

(5) All proceedings of the action team are subject to the open public meetings act under chapter 42.30 RCW.

Sec. 17. RCW 90.71.030 and 1996 c 138 s 4 are each amended to read as follows:

(1) There is established the Puget Sound council composed of ((~~nine~~)) eleven members. ((~~Seven~~)) Nine members shall be appointed by the governor. In making these appointments, the governor shall include representation from business, the environmental community, agriculture, the shellfish industry, commercial fishers, recreational fishers, counties, cities, and the tribes. One member shall be a member of the senate selected by the president of the senate and one member shall be a member of the house of representatives selected by the speaker of the house of representatives. The legislative members shall be nonvoting members of the council. Appointments to the council shall reflect geographical balance and the diversity of population within the Puget Sound basin. Members shall serve four-year terms. Of the initial members appointed to the council, two shall serve for two years, two shall serve for three years, and two shall serve for four years. Thereafter members shall be appointed to four-year terms. Vacancies shall be filled by appointment in the same manner as the original appointment for the remainder of the unexpired term of the position being vacated. Nonlegislative members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Legislative members shall be reimbursed as provided in RCW 44.04.120.

(2) The council shall:

(a) Recommend to the action team projects and activities for inclusion in the biennial work plan;

(b) Recommend to the action team coordination of work plan activities with other relevant activities, including but not limited to, agencies' activities other than those funded through the plan, local plan initiatives, and governmental and nongovernmental watershed restoration and protection activities; and

(3) The chair of the action team shall convene the council at least four times per year and shall jointly convene the council and the action team at least two times per year.

Sec. 18. RCW 90.71.050 and 1996 c 138 s 6 are each amended to read as follows:

(1)(a) Each biennium, the action team shall prepare a Puget Sound work plan and budget for inclusion in the governor's biennial budget. The work plan shall prescribe the necessary federal, state, and local actions to maintain and enhance Puget Sound water quality, including but not limited to, enhancement of recreational opportunities, and restoration of a balanced population of indigenous shellfish, fish, and wildlife. The work plan and budget shall include specific actions and projects pertaining to salmon recovery plans.

(b) In developing a work plan, the action team shall meet the following objectives:

(i) Use the plan elements of the Puget Sound management plan to prioritize local and state actions necessary to restore and protect the biological health and diversity of Puget Sound;

(ii) Consider the problems and priorities identified in local plans; and

(iii) Coordinate the work plan activities with other relevant activities, including but not limited to, agencies' activities that have not been funded through the plan, local plans, and governmental and nongovernmental watershed restoration activities.

(i) The total funds appropriated to implement local projects originating from the planning process developed for nonpoint pollution; and

(ii) The total funds to implement any other projects designed primarily to restore salmon habitat.

(2) In addition to the requirements identified under RCW 90.71.020(2)(a), the work plan and budget shall:

(a) Identify and prioritize the local and state actions necessary to address the water quality problems in the following locations:

(i) Area 1: Island and San Juan counties;

(ii) Area 2: Skagit and Whatcom counties;

(iii) Area 3: Clallam and Jefferson counties;

(iv) Area 4: Snohomish, King, and Pierce counties; and

(v) Area 5: Kitsap, Mason, and Thurston counties;

(b) Provide sufficient funding to characterize local watersheds, provide technical assistance, and implement state responsibilities identified in the work plan. The number and qualifications of staff assigned to each region shall be determined by the types of problems identified pursuant to (a) of this subsection;

(c) Provide sufficient funding to implement and coordinate the Puget Sound ambient monitoring plan pursuant to RCW 90.71.060;

(d) Provide funds to assist local jurisdictions to implement elements of the work plan assigned to local governments and to develop and implement local plans;

(e) Provide sufficient funding to provide support staff for the action team; and

(f) Describe any proposed amendments to the Puget Sound ((~~[management]~~)) management plan.

(3) The work plan shall be submitted to the appropriate policy and fiscal committees of the legislature by December 20th of each even-numbered year.

(4) The work plan shall be implemented consistent with the legislative provisos of the biennial appropriation acts.

NEW SECTION. Sec. 19. (1) The departments of transportation, fish and wildlife, and ecology shall convene a work group to develop a process to evaluate mitigation proposals. The work group shall seek technical assistance to ensure that federal, state, treaty-right, and local environmental laws and ordinances are met.

(2) The framework shall include:

(a) All elements of mitigation, including but not limited to data requirements, decision making, state and tribal agency coordination, and permitting; and

(b) Criteria and procedures for identifying and evaluating mitigation opportunities, including but not limited to the criteria in chapter 90.74 RCW.

(3) The appropriate agency or affected interests should collaborate with project proponents within a region to identify projects that offer mitigation opportunities. Mitigation funds may be used to implement projects identified in a regional council's work plan to mitigate for the impacts of a transportation or other development proposal or project.

(4) For the purposes of this section, "mitigation" has the same meaning as provided in RCW 90.74.010.

NEW SECTION. Sec. 20. Sections 1 through 14 of this act constitute a new chapter in Title 75 RCW.

NEW SECTION. Sec. 21. The sum of . . . . . . dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1999, from the . . . . . . fund to the department of fish and wildlife, the department of transportation, the conservation commission, and the jobs for the environment program to carry out the purposes of this act.

NEW SECTION. Sec. 22. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.